I was lounging with my girlfriend, Amanda, after she finished working night shift. Her phone received a text from Diane Berkeley, informing us that Julian Ichim had requested a bench warrant for me to appear as a witness for Betty McCabe. I was aware that my review of Pino’s Salon & Medispa had been entered as an exhibit in Betty’s small claim against Diane, but I did not identify Betty as the masseuse, or Diane as her boyfriends’ ex. Diane had a falling out with Betty and Francis Dean, after they tried crawling into bed with her, naked.
Betty’s plaintiff claim was delivered to my residence, which I assumed was due to it being Diane’s last known address. I tried calling the court house, but was unable to reach the manager of court operations. Court staff couldn’t access the file, because it was before the court. I decided to would be best to go down and enter the court room, which was in session, and told staff that I would be asking the Justice directly (in order to get to the bottom of this rumor that a bench warrant had been issued for me). Staff requested that we first take a number at the civil counter before doing so. I was accompanied by Amanda, Wolfgang (my emotional support animal), and two staff members. Court staff wrote the Deputy Justice a note explaining that I was not served a summons, and was under the impression that a bench warrant had been issued for me to appear as a witness.
The Deputy Justice asked why my message was being delivered in a way that it would not appear on record, and read the note aloud. I asked if he had in fact issued a bench warrant for me to appear as a witness, and was told that was just a rumor. I said that I was sick of this piece of shit (referring to Ichim) and wanted nothing to do with either party. (I also mentioned that I have a submission to the law society of Upper Canada regarding the representation I had from Julian’s sister, Gloria.) Winny said it was clear I had issue with council, and asked Ichim if he still wanted me to appear as a witness. Betty nodded, and Julian reluctantly said that his client wished to proceed. I said that she wasn’t the sharpest tool in the shed, and saw Winny restrain his amusement.
Julian was directed to finish questioning Diane, who was still on the stand, waiting for cross examination to continue. Winny kept asking the reasoning for Julian’s questions, and indicated that his line of questioning was irrelevant. When asked why I was being called as a witness, Julian’s rambling response wasn’t enough to convince Winny to allow me to take the stand. I was told that Julian was planning to use me as a witness to testify against Diane. Betty and Julian apparently claimed that I had a sexual relationship with Diane, and that the $5000 that Diane loaned to Betty was a gift. I left right after Winny told Julian to stop trying to play lawyer, because he is uneducated and clearly unfamiliar with the process. Ruling was in favour of Diane Berkely, and Betty was ordered to pay back the loan (with an extra $750 on top). Guess she should have taken the offer to settle.
As a side note, Deputy Justice Sebastian Winny was the one who ruled against me when I tried holding Constable Ryan Thomas accountable for his excessive use of force during the course of my arrest in the lobby of Family and Children’s Services. Winny accepted the officers versions of events, though Constable Ashley Dietrich clearly perjured herself as a witness (recanting false evidence during cross examination, previously entered to the Office of the Independent Police Review Director and Crown’s disclosure in Mental Health Court). I owe $1200 in legal fees to the officer who struck me after I placed both hands behind my back, based on his perception that I “could have” been assaultive. Unable to find legal advice, I tried to self represent an appeal of Winny’s decision, focusing on the inconsistencies, but failed proceduraly.
That was the appeal Julian’s sister, Gloria Ichim, interrupted in order to bring me down to criminal court. Julian hired Gloria on my behalf. She had amalgamated charges against my wishes, and advised me to enter a guilty plea. The separate charges were; mischief under $5000 for pouring jam on the lion and lamb at WRPS North Division, and uttering threats to Constable Cox over the phone (when he refused to respond to the contractor next door trespassing and threatening to make sure I’d never see my children again). I wanted to enter the plea for the “heinous act of mischief,” but intended to go to trial for “uttering threats to cause the death of my landlord.” Gloria wouldn’t represent me at trial because the crown wanted me to go to jail. I needed to finish the last 4 classes in the culinary management program at Conestoga, in order to complete my second career contract (which I had obtained through CMHA’s Bridging Employment Supports). Gloria went from telling me she would get me off the jam charge, to preventing me from exercising my right to a fair trial. I later learned trial had actually been scheduled for the day after, and wanted assistance withdrawing the plea so I could attempt to self represent. Gloria collected legal aid for assisting me in entering the plea, but told me she wasn’t my lawyer anymore. I filed a charter challenge to appeal the summary conviction, and was told there was no merit to my appeal because I knew what I was doing when entering the plea. I’ve submitted a complaint to the Law Society of Upper Canada regarding Ichim’s representation. Should have a response by the end of the month.